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Bar Council Act Amended 2005

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LEGAL PRACTITIONERS & BAR COUNCILS ACT, 1973 [XXXV OF 1973]

WITH RULESAS AMENDED UP TO SEPTEMBER, 2005.

PUNJAB BAR COUNCIL9-Fane Road, Lahore. Ph. +92 42 724 4127 735 4344 723 7334. Fax: +92 42 723 0195.

PREFACEI am delighted to write the preface of this latest edition of the Legal Practitioners & Bar Councils Act, 1973 and the Rules made thereunder, which is an official publication of the Pakistan Bar Council. The last edition was published in 1989 when, for the first time, the details of original texts of all those provisions, which were either omitted or amended, from time to time, were placed at the footnotes, to facilitate making comparison between the original texts of such provisions with amended ones. For compiling and publishing the last edition strenuous efforts were made by Mr. Muhammad Arshed, Secretary, Pakistan Bar Council, which are acknowledged with appreciation. In view of number of amendments made in different Rules and enactment of some new rules by the Pakistan Bar Council since 1989, it was though appropriate to publish the new edition. While updating this edition efforts have been made to incorporate in it all the relevant amendments made so far. This is, therefore, an authentic version of the Legal Practitioners and Bar Councils Act and the Rules made by the Pakistan Bar Council, thereunder. It is hoped that this publication will prove useful to all concerned.

(Abdul Hakeem Khan H. Bijarani) Chairman Executive Committee Pakistan Bar Council.

TABLE OF CONTENTS 1. Legal Practitioners & Bar Councils Act, 1973.

Page 4

2.

Pakistan Legal Practitioners & Bar Council Rules, 1976.

58

3.

Pakistan Bar Council Legal Education Rules, 1978.

127

4.

Affiliation of Law Colleges Rules.

133

5. 6.

Pakistan Bar Council Appeal Rules, 1986.

137

Pakistan Bar Council Free Legal Aid Rules, 1999.

139

LEGAL PRACTITIONERS &BAR COUNCILS ACT, 1973 (ACT XXXV OF 1973) Sections CONTENTS CHAPTER-IPreliminary 1. 2. Short title and commencement. Definitions.

CHAPTER-IIConstitution and Incorporation of Bar Councils

3. 4.

Constitution & incorporation of Bar Councils. Term of Bar Council.

CHAPTER-IIIProvincial Bar Councils

5. 5A. 5B. 5C. 6. 7. 8. 9. 10.

Composition of Provincial Bar Councils. Qualifications for membership of a Provincial Bar Council. Disqualifications for membership of a Provincial Bar Council. Cessation of membership of Provincial Bar Council. Chairman and Vice-Chairman of Provincial Bar Council. Time of holding elections to a Provincial Bar Council. Election to Provincial Bar Council not to be questioned on certain grounds. Functions of a Provincial Bar Council. Committees of Provincial Bar Council.

CHAPTER-IV The Pakistan Bar Council 11. Composition of Pakistan Bar Council. 11A. Qualifications for membership of Pakistan Bar Council. 11B. Disqualifications for membership of Pakistan Bar Council. 11C. Cessation of membership of Pakistan Bar Council.

12. 13. 14. 15.

Chairman and Vice-Chairman of the Pakistan Bar Council. Functions of the Pakistan Bar Council. The First Pakistan Bar Council. Committees of the Pakistan Bar Council.

CHAPTER-V

General Provisions relating to Bar Councils. 16. 17. 18. 19. 20. Filling of casual vacancies. Funds of Bar Councils. Accounts and Audit. Vacancies in Bar Councils etc. not to invalidate actions taken. Indemnity.

CHAPTER-VI Advocates, their Enrolment, Right to Practice, Seniority, Pre-Audience etc.

21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40.

Classes of Advocates. Right of Advocates to practice. Preparation etc. of roll of Advocates of the Supreme Court. Admission and enrolment of Advocates of the High Court. Admission and enrolment of other advocates. Persons qualified for admission as advocates. Persons qualified for admission as advocates of a High Court. Persons qualified for admission as advocates of the Supreme Court. Eligibility of women for admission. Authority to whom applications for enrolment may be made. Disposal of applications for admission as an advocate. Appeal against order of rejection. No application rejected by one Provincial Bar Council to be enrolled by another such Council. Payment of fees. Order in which names shall be entered in the roll. Certificate of enrolment. Copy of roll to be kept with Supreme Court and High Court. Copies of rolls to be sent to Pakistan Bar Council. Common roll of Advocates. Right of pre-audience.

CHAPTER-VIIConduct of Advocates

41. 42. 43. 44. 45.

Punishment of Advocates for misconduct. Tribunals of Bar Councils. Procedure in inquiries. Order as to costs. Powers of the Tribunal and Disciplinary Committee in inquiries. Disciplinary powers of the Pakistan Bar Council. Appeal to the Pakistan Bar Council. Appeal to the Supreme Court. Application of Sections 5 and 12 of the Limitation Act, 1908. Stay of order. Powers of the Disciplinary Committee. Cost of proceedings before a Disciplinary Committee. Review of order by Disciplinary Committee. Power of Supreme Court and High Court to suspend advocates from practice.

46. 47. 48. 49. 50. 51. 52. 53. 54.

CHAPTER-VII A(Omitted)

CHAPTER-VIIIRules55. 56. Power of the Pakistan Bar Council to make rules. Power of Provincial Bar Council to make rules.

CHAPTER-IXMiscellaneous 57. 58. 59. 59 A. Grants to Bar Councils. Penalty for illegal practice. Power to frame and publish lists of touts. Bar Council or Bar Association not to indulge in political activity.(Omitted) 59 B. Removal from Bar Association. 60. Power of the High Court relating to remuneration of advocates. 61. Group Insurance. 62. Benevolent Fund. 63. Validation. 64. Repeal (Omitted). 65. Continuance of existing Bar Councils (Omitted). 66. Dissolution of existing Bar Councils etc. (Omitted).

67. 68. 69.

Continuance in service of the employees of the West Pakistan Bar Council. Savings. Removal of difficulties. (Omitted)

LEGAL PRACTITIONERS

ANDBAR COUNCILS ACT, 1973 (ACT XXXV OF 1973) Part I Acts, Ordinances, Presidents Orders and Regulations NATIONAL ASSEMBLY SECRETARIAT Islamabad, the 17th September, 2005 F. 22(17)/2005-Legis-The following Act of Majlis-E-Shoora (Parliament) received the assent of the President on 15th September, 2005, and is hereby published for general information:An Act further to amend the Legal Practitioners and Bar Councils Act, 1973. WHEREAS it is expedient further to amend the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973), for the purposes hereinafter appearing: It is hereby enacted as follows:CHAPTER I PRELIMINARY 1. Short title and commencement.- (1) This Act may be called the Legal Practitioners and Bar Councils (Amendment) Act, 2005. (2) 1A. It shall come into force at once.

Overriding effect., The Provisions of this Act shall have effect notwithstanding anything contained contrary in any other law for the time being in force. Definitions.- In this Act, unless there is anything repugnant in the subject or context.-

2.

1

[(a) (b) (c)

advocate means an advocate entered in any roll under the provisions of this Act;] Bar Council means a Bar Council constituted under this Act; Common roll means the common roll of advocates of the High Court or, as the case may be, the common roll of other advocates prepared and maintained by the Pakistan Bar Council under this Act; Omitted. High Court, in relation to a Provincial Bar Council, means the High Court of the Province or Provinces, as the case may be, for which that Council is constituted;

(cc) (d)

2

[(e) Legal practitioner means an Advocate. [(ee) member, in relation to a Bar Council, does not include the Chairman thereof;] Pakistan Bar Council means the Bar Council constituted for Pakistan under section 11; prescribed means prescribed by rules made under this Act; Provincial Bar Council, in relation to a Province, means the Provincial Bar Council constituted for that Province;]

2a

(f) (g)2

[(h)

1

.

The original clause (a) of Section 2 reads as under:(a) advocate means an advocate entered in any roll under the provisions of this Act.

It was substituted by the following, through the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) section 2, with effect from 2.3.1985: (a) Advocate means an advocate whose name is for the time being entered in the Roll of Senior Advocates, Roll of Advocates or Roll of Advocates-on-Record of the Supreme Court under the Rules of the Supreme Court or in the roll of Advocates of a High Court under this Act.

It was substituted by the present text through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) Section 2, with effect from 25.8.1978. . Substituted with effect from 8.7.1981, for the following, through the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance XXVII of 1981) Section 3 and Sch. II: (a) Legal Practitioner means an Advocate or a Mukhtar or Revenue Agent practising as such immediately before the commencement of this Act. . Substituted with effect from 8.7.1981, for the following, through the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance XXVII of 1981) Section 3 and Sch. II: (a) Legal Practitioner means an Advocate or a Mukhtar or Revenue Agent practising as such immediately before the commencement of this Act.2 2a 2a

.

Substituted, ibid, section 2 (c), for the following:

(i) Provincial roll means a roll of advocates of the High Court or, as the case may be, a roll of advocates prepared and maintained by a Provincial Bar Council under this Act;

(j) revenue office includes all Courts (other than civil Courts) trying suits under any law for the time being in force relating to land holders and their tenants or agents; (k) roll means the roll of advocates maintained by a Bar Council; (kk) Roll of group of districts means a Roll of advocates of a High Court and a Roll

of the Advocates practicing in the Districts of the Group, as mentioned in the schedule, prepared and maintained by a Provincial Bar Council. And

(l) subordinate Court means a Court subordinate to the High Court; (m) tout means a person-

who procures, in consideration of any remuneration moving from any legal practitioner, the employment of the legal practitioner in any legal business; or who proposes to any legal practitioner or to any person interested in any legal business to procure, in consideration of any remuneration moving from either of them, the employment of the legal practitioner in such business; or (ii) who, for the purposes of such procurement, frequents the precincts of Courts or of revenue offices, or railway stations, lading stages, loading places or other places of public resort; (n) Tribunal, in relation to a Bar Council, means Tribunal constituted by it under this Act; (o) Voter means

(i)

(i)

in relation to election to a Provincial Bar Council, and advocate whose name for the time being appears on the Roll of group of districts and to whom and identity card has been issued by a Provincial Bar Council and who is not in arrears of dues of the Provincial Bar Council for a period exceeding six months; andProvincial Bar Council in relation to a Province, other than the Provinces of Sindh and Baluchistan, means the Provincial Bar Council constituted for that Province, and in relation to the Provinces of Sindh and Baluchistan the common Bar Council constituted for the two Provinces under this Act.

(h)

(ii)

in relation to election to the Pakistan Bar Council, a member of the concerned Provincial Bar Council.

CHAPTER II CONSTITUTION AND INCORPORATION OF BAR COUNCILS

3.

Constitution and incorporation of Bar Councils.- (1) There shall be constituted

in accordance with the provisions of this Act.-

a Bar Council for Pakistan to be known as the Pakistan Bar Council; [and] 4 [(ii) a Bar Council for each Province to be known as the Bar Council of the Province concerned]. (2) Every Bar Council shall be a body corporate having perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and to contract, and shall be the name by which it is known sue and be sued. 4. Term of Bar Council.-5[The] term of every Bar Council shall be 6[five] years beginning on the first day of January following the general elections to the Provincial Bar Councils; and at the end of each term the members of the Bar Council shall cease to hold office;3

(i)

3

Added by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of 1978) section 3 (a), with effect from 12,10,1978. Substituted, ibid, section 3 (b), for the following:(ii) a Bar Council for each Province, other than the Provinces of Sindh and Baluchistan, to be known as the Bar Council of the Province concerned; and (iii) a Bar Council for the Provinces of Sindh and Baluchistan, to be known as the Sindh and Baluchistan Bar Council. The word The was substituted for the words, figures and comma Save as provided in Section 65 in respect of the existing Bar council, the by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) section 2 (a), with effect from 15-7-1982. By the Legal Practitioners and Bar Councils (Amendment) Act, 1976 (Act LXVII of 1976) section 2, the word three was substituted by the word four, with effect from 4.12.1976, and thereafter the word four was substituted by the word five, with effect from 15.7.1982, through the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) section 2 (b).

4

5

6

[Provided that the next elections of the Provincial Bar Councils shall be held between 1st October, 2009 and 31st of December, 2009 and the term of the next Provincial Bar Council shall commence from the 1st January, 2010]. CHAPTER III PROVINCIAL BAR COUNCILS 5. Composition of Provincial Bar Councils.-(1) Each Provincial Bar Council shall consist 8[of] 9 [ (a) the Advocate General of the Province, ex-officio; and] (b) such number of 10[] member as may be elected by the Advocates on the Provincial roll from amongst themselves. (2) The number of members to be elected to a Provincial Bar Council shall be as follows:(a) Punjab Bar Council Sindh Bar Council N.W.F.P Bar Council Balochistan Bar Council 75 33 28 07

7

(b)

The district-wise allocation of seats referred to in clause (a) for respective Provincial Bar Councils shall be in accordance with the Schedule annexed hereto. If, on the said day, the number of advocates practising generally in a district and entered on the 15[Divisional] roll from that district is less than

(c)7

The original proviso to Section 4 reads:

Provided that the term of every Bar Council constituted for the first time under this Act shall be for the remainder period of the term of three years beginning on the first day of January, 1973. It was firstly amended through the Legal Practitioners and Bar Councils (Amendment) Act, 1975 (Act LXX of 1975) section 2, (with effect from 22.11.1975) by substituting the words, comma and figure expire on the thirty first day of December 1976 for the words comma and figure be for the remainder period of the term of three years beginning on the first day of January, 1973. The proviso then again was amended by the Legal Practitioners and Bar Council (second amendment) Act, 1976 (Act LXVII of 1976) section 3 (b), with effect from 4.12.76, substituting the figure1977 for the figure 1976. The above-said amended proviso was substituted by the present text, through the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1977 (Ordinance XLVII of 1977) section 2, with effect from 31.12.77. 10 Substituted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance No XL of 1978) section 4 (1) (a), with effect from 12.10.78, for the comma. 11 Substituted, ibid, section 4 (1) (B), for the following:(a) in the case of a Bar Council for a Province, other than the Provinces of Sindh and Baluchistan, of the Advocate-General for that Province, and, in the case of the Bar Council for the Provinces of Sindh and Baluchistan, the Advocate-General for Sindh and the Advocate-General for Baluchistan, ex-officio.10

The word other was omitted, ibid, section 4 (1) (c).

fifty, such district shall be deemed to form part of the adjoining district or, if there are more than one adjoining district, of the adjoining district with the lowest number of advocates practising therein; Provided that, if the number of such advocates in a district, together with the number of such advocates in the adjoining district of which it is to be so deemed to form part, is less than fifty, such district or, as the case may be, both such districts shall, for the purpose of the election, be joined with one or more other adjoining districts so that the aggregate number of the advocates practising generally in such districts and entered on the 15[Divisional] roll therefrom is not less than fifty; [Provided further that for the first Provincial Bar Councils to be constituted under this Act the number of members to be elected to a Provincial Bar Council shall be determined on the basis of the number of advocates entered on the 15[Divisional] roll on a date to be notified in the official Gazette by the Federal Government].12 11

[(2A)[For the purpose of election of members of a Provincial Bar Council from a district or districts under sub-section (2) the advocates entered on the roll of group of districts as mentioned in the Schedule appended hereto, shall constitute the electoral college; (4) At an election of the members of a Provincial Bar Council an advocate shall have as many votes as the number of members to be elected 13[from the group of districts concerned].14

[(6)]

Explanation:-if any question arises whether an advocate is or is not, for the purposes of this section, practising generally in a district, it shall be referred to the Advocate-General for the Province concerned, whose decision thereon shall be final.15

[5A. Qualifications for membership of a Provincial Bar Council.-

11

Added by the Legal Practitioners and Bar Councils (Amendment) Act, 1973 (Act XXXVI of 1973), section 2, with effect from 9.6.1973.

12

. Added by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of 1978), section 4 (3), with effect from 12.10.1978. . Added, ibid, section 3 (b).

13 14

. Sub-sections (5) and (6) were added, through the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance No. XL of 1978) section 4 (5), with effect from 12.10.78, but by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982), the sub-section (6), with reads as under, was omitted with effect from 15.7.82; (6) A member shall cease to be member if he is appointed to an office of profit in the service of Pakistan or is suspended or removed from practice under the provisions of Chapter VII.

A person shall be qualified to be elected as a member of a Provincial Bar Council if he:(a) (b) (c) 5B. is on the Roll of advocates of High Court maintained by the Provincial Bar Council, and has, on the day of filing of the nomination paper, been an advocate for not less than ten years; and has cleared all the dues payable by him to the Provincial Bar Council.

Disqualifications for membership of a Provincial Bar Council.-

A person shall be disqualified to be elected as a member of a Provincial Bar Council if he:(a) (b) (c) (d) (e) was dismissed or removed from the service of Government or of a public statutory corporation; or has been convicted for an offence involving moral turpitude; or has been found guilty of professional misconduct, or has been declared a tout; or is an undischarged insolvent. A member of a

5C. Cessation of membership of Provincial Bar Council.Provincial Bar council shall cease to be such member if he;(a) (b) (c)

is appointed to an office of profit in the service of Pakistan; or is suspended or removed from practice under the provisions of Chapter VII; or incurs any of the disqualifications specified in Section 5 B.]

6. Chairman and Vice-chairman of Provincial Bar Council.- (1) There shall be a Chairman and a Vice-Chairman of each Provincial Bar Council.16

[(2) The Advocate-General for a Province shall be the Chairman of the Provincial Bar Council for that Province. (2A) If a member of a Provincial Bar council is appointed as the AttorneyGeneral for Pakistan or as the Advocate-General for a Province, his seat in the Council shall become vacant].15

. With effect from 15.7.1982, new Sections 5-A, 5-B and 5-B and 5-C were inserted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) section 4. 16 . Substituted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of 1978) section 5, with effect from 12.10.1978, for the following:(2) In the case of the Provincial Bar council for the Provinces of Sindh and Baluchistan, the senior of the Advocate-General for those Provinces according to the respective dates of their appointment as such, and, in the case of the Provincial Bar council for any other Province, the Advocate-General for that Province, shall be the Chairman of the Provincial Bar Council

(3) The Vice-Chairman of each Provincial Bar council shall be elected in the prescribed manner by the members of that Council from amongst themselves. (4) Subject to the provisions of sub-section (8), the election of the Vice-Chairman shall be held as soon as may be after the commencement of every year and in any case not later than the thirty-first day of January. (5) Subject to the provisions of sub-sections (6) and (7), the Vice Chairman shall hold office 17 [until his successor enters upon his office]. (6) A Vice-Chairman may resign his office by writing under his hand addressed to the Chairman. (7) A Vice-Chairman shall cease to hold his office if he is appointed to an office of profit in the service of Pakistan or is suspended or removed from practice under the provisions of Chapter VII. (8) Where the office of a Vice-Chairman becomes vacant, an election to the vacant office shall be held within thirty days of the office becoming vacant. (9) The Chairman and Vice-Chairman shall have such powers and functions as may be prescribed. 7. Time of holding elections to a Provincial Bar Council.- Elections to a Provincial Bar Council shall be held so as to conclude on or before the thirtieth day of November in the year in which the term of the Provincial Bar Council expires: Provided that (a) elections to the first Provincial Bar Councils to be constituted under this Act shall be held so as to conclude; and (b) the first Provincial Bar Councils to be constituted under this Act shall be constituted, on such day as the Federal Government may, by notification in the official Gazette, specify. 8. Election to Provincial Bar Council not to be questioned on certain grounds. No election of a member to a Provincial Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any person entitled to vote thereat, if notice of the date, has not less than thirty days before that date, been published in the official Gazette. 9. Function of Provincial Bar Council._ (1) Subject to the provisions of this Act and the rules made thereunder, the functions of a Provincial Bar Council shall be-

17

. Substituted for the words till the thirty first day of December in the year in which he assumes office, by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982, (Ordinance XVII of 1982) section 5, with effect from 15.7.1982.

(a) to admit persons as advocates on its roll; to hold examinations for purposes of admission; to prepare and maintain a roll of such advocates 18[of the province as well as of each District]; and to remove advocates from such roll; (b) to admit persons as advocates entitled to practice before the High Court and to prepare and maintain a roll of such advocates; (c) to entertain and determine cases of misconduct against advocates on its rolls and to order punishment in such cases; (d) to safeguard the rights, privileges and interests of advocates on its rolls, including initiation of measures for fair and in-expensive dispensation of justice by the subordinate Courts and tribunals; (e) to promote and suggest law reform; (f) to manage and administer the property and funds of the Provincial Bar Council and to invest any of its funds; (g) to conduct the election of its members; (h) to prescribe conditions for the recognition and functioning of, and to recognise and derecognize, Bar Associations];19

(i) to perform all other functions conferred on it by or under this Act 20[and to comply with directions given to it by the Pakistan Bar Council from time to time]; and (j) to do all other things necessary for discharging the aforesaid functions. 10. Committees of Provincial Bar Council.the following standing committees, namely:(1) A Provincial Bar Council shall constitute

(a) an executive committee consisting of a Chairman and not more than five other members, to be elected by the Council from amongst its members; 21[.]22

(aa) a disciplinary committee consisting of not more than five members to be elected by the Council from amongst its members; and]18

. Inserted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of 1978) section 6, with effect from 12.10.78). . Substituted for the following through the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) section 6 (a), with effect from 15.7.1982: (h) to prescribe conditions for the recognition of, and to recognise, Bar Association.

19

20 21

.

Inserted, ibid, section 6(b).

. The word and was omitted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982, (Ordinance XVII of 1982) section 7a, with effect from 15.7.1982.

(b)

one or more enrolment committees, each consisting of a Judge of the High Court for the Province, 23[ ] nominated by the Chief Justice of that High Court, who shall be its Chairman, and two other members elected by the Council from amongst its members. Each of the aforesaid committees shall have such powers and functions as my be

(2) prescribed.

(3) A Provincial Bar Council may constitute, form amongst its members such other committees as it may deem necessary for the performance of its functions under this Act, and may authorize any such committee to co-opt as its members any other persons, not exceeding such number as the Council may determine. (4) The Chairman of every committee shall be entitled to vote and; in case of equality of votes among the members of the Committee, shall have a second vote.

CHAPTER IVTHE PAKISTAN BAR COUNCIL

[11. Composition of Pakistan Bar Council.- (1) The Pakistan Bar Council shall consist of the Attorney General for Pakistan, ex-officio, and twenty members, who shall be22 23 24

24

. . .

Inserted, ibid, section 7(b). The words or Provinces, as the case may be were omitted, ibid, section 7(c). The original Section 11 reads as under :11. Composition of Pakistan Bar Council.- (1) The Pakistan Bar Council shall consist of the AttorneyGeneral of Pakistan, ex-officio, and twenty [other] members, who shall be elected on the basis of a single transferable vote, by the members of the Provincial Bar Councils for the Provinces of North West Frontier, the Punjab, Sindh [and] Baluchistan. (2) A member of a Provincial Bar Council who is elected to be a member of the Pakistan Bar Council shall [not, by reason of such election] cease to be a member of the Provincial Bar Council

By the Legal Practitioners and Bar Councils (Amendment) Act, 1973 (Act XXXVI of 1973) section 3, the following new sub-section (3) was added to Section 11, with effect from 9.6.197:(3) No election of a member to the Pakistan Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any person entitled to vote thereat, if the notice of the data has, has not less than thirty days before the date, been published in the official Gazette. Section 11 was further amended through the Legal Practitioners and Bar Councils (amendment) Ordinance, 1978 (Ordinance XL of 1978) section 7, with effect from 12.10.78, as follow:1) In sub-section (1):

elected on the basis of a single transferable vote by the members of the Provincial Bar Councils as hereinafter specified:Baluchistan ... 1 The North-West Frontier Province ... 4 The Punjab . 11 Sindh...6 [ (1A) (1A) The members of Pakistan Bar Council shall be elected by single transferable vote from each province by the members of their respective Provincial Bar Council. (2) A member of a Provincial Bar Council who is elected to be a member of the Pakistan Bar Council shall cease to be a member of the Provincial Bar Council. (3) No election of a member to the Pakistan Bar Council shall be called in question on the ground merely that due notice thereof has not been given to any person entitled to vote32a

a) b) c)

the word other was omitted; for the word and occurring for the second time a comma was substituted; and for the full-stop at the end a colon was substituted and thereafter the following proviso was added:-

2) 3)

Provided that the Chairman of a Provincial Bar Council shall not be elected to be a member of the Pakistan Bar Council. In sub-section (2) the words and commas not, by reason of such election, were omitted; and After sub-section (3), the following new sub sections were added: (4) A member may resign his office by writing under his hand addressed to the Chairman of the Council.

(5) A member shall cease to be a member if he is appointed to an office of profit in the service of Pakistan or is suspended or removed from practice under the provisions of Chapter VII. By the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982, (Ordinance XVII of 1982) section 8, sub-section (1) was substituted by the following with effect from 15.7.1982:(1) The Pakistan Bar Council shall consist of the Attorney General for Pakistan, ex-officio, and twenty members, who shall be elected on the basis of a single transferable vote by the members of the provincial Bar Councils as hereinafter specified:Baluchistan .. 1 The North-West Frontier Province ..4 The Punjab . 11 Sindh .....6 (1A) In addition to the members referred to in sub-section (1), there shall be in the Pakistan Bar Council two members to be co-opted by the Council from amongst persons who have been Advocates of the Supreme Court for a period not less than fifteen years and are qualified to members of the Council.

. Sub-section (1A) was omitted through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) section 3, with effect from 25.8.1987.

32a

threat, if the notice of the date has, not less than thirty days before that date, been published in the official Gazette. (4) A member may resign his office by writing under his hand addressed to the Chairman of the Council.32b

[

(5) Omitted]25

[11A. Qualifications for membership of Pakistan Bar Council.-

A person shall be qualified to be elected as a member of the Pakistan Bar Council if he(a) is on the roll of Advocates of the Supreme Court maintained by the Pakistan Bar Council; (b) has, on the day of the filing of the nomination paper, been an advocate for not less fifteen years; and (c) has cleared all the dues payable by him to the Pakistan Bar Council. 11B. Disqualifications for membership of Pakistan Bar Council.A person shall be disqualified to be elected as a member of the Pakistan Bar Council if he(a) was dismissed or removed from the service of Government or of a public statutory corporation; or (b) has been convicted for an offence involving moral turpitude; or (c) has been found guilty of professional misconduct; or (d) has been declared a tout; or (e) is an undischarged insolvent. 11C. Cessation of membership of Pakistan Bar Council.- A member of the Pakistan Bar Council shall cease to be such member if he(a) (b) (c) is appointed to an office of profit in the service of Pakistan; or is suspended or removed from practice under the provisions of Chapter VII; or incurs any of the disqualifications specified in Section 11B].

32b 25

.

Sub-section (5) was omitted, vide Ordinance No. XVII, as above.

. Section 11A, 11B and 11C were inserted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) section 9, with effect from 15.7.1982.

12. Chairman and Vice-Chairman of the Pakistan Bar Council.- (1) The Attorney-General for Pakistan shall be the Chairman, ex-officio, of the Pakistan Bar Council. [(1A) If a member of the Pakistan Bar Council is appointed as the Attorney-General for Pakistan or as the Advocate-General for a Province, his seat in the Council shall become vacant]. (2) There shall be a Vice-Chairman of the Pakistan Bar Council who shall be elected in the prescribed manner by the members of that Council from amongst themselves. (3) Subject to the provisions of sub-section (7), the election of the Vice-Chairman shall be held as soon as may be after the commencement of every year and in any case not later than thirty-first day of January. (4) Subject to the provisions of sub-sections (5) and (6), the Vice-Chairman shall hold office 27[until his successor enters upon his office]. (5) A Vice-Chairman may resign his office by writing under his hand addressed to the Chairman. (6) A Vice-Chairman shall vacate his office if he is appointed to an office of profit in the service of Pakistan or is suspended or removed from practice under the provisions of Chapter VII. (7) Where the office of a Vice-Chairman becomes vacant, an election to the vacant office shall be held in the manner prescribed under sub-section (2), within thirty days of the office becoming vacant. (8) The Chairman and the Vice-Chairman shall have such powers and functions as may be prescribed. 13. Functions of the Pakistan Bar Council.- 28[(1)] Subject to the provisions of this Act and the rules made thereunder, the functions of the Pakistan Bar Council shall be(a)29 26

to prepare and maintain a common roll of advocates; to admit persons as advocates entitled to practice before the Supreme Court and to prepare and maintain a roll of such advocates and to remove advocates from such roll;

[(b)

26

. Inserted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978. (Ordinance XL of 1978) section 8, with effect from 12.10.1978. . Inserted through the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) section 10, with effect from 15.7.1982, for the words thill the thirty-first day of December in the year in which he assumes office. . Section 13 was re-numbered as sub-section (1) of that Section with effect from 15.7.82 vide the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982, (Ordinance XVII of 1982) section 11, and new subsection 11, and new sub-sections (2) and (3) were added. See foot note No. 40 also.

27

28

(c) (d) (e) (f)

to entertain and determine cases of misconduct against advocates of the Supreme Court and to award punishment in such cases;] to lay down standard of professional conduct and etiquette for advocates; to lay down the procedure to be followed by its committees; to safeguard the rights, privileges and interests of advocates including initiation of measures for fair and inexpensive dispensation of justice by the subordinate Courts and tribunals;

(h) to deal with and dispose of, and to tender advice in relation to any matte arising under this Act which may be referred to it by a Provincial Bar Council. (i) to exercise general control and supervision over the Provincial Bar Councils 30[and to issue directions to them from time to time]. (j) to promote legal education and prescribe standards of such education in consultation with the universities in Pakistan and the Provincial Bar Councils; (k) to recognize universities whose degree in law shall be a qualification for enrolment as an advocate; (l) to manage and administer the property and funds of the Pakistan Bar Council, and to invest any of its funds;31

[(la) (lb) (lc) (ld) (m) (n)

to provide free legal aid; to hold conferences, seminars, moots, lectures, jurist conferences and other meetings for promoting legal knowledge and learning in the legal profession; to prescribe conditions for the recognition and functioning of, and to recognise and derecognise, the Supreme Court Bar Association or any Bar Association at the national level; to give directions in accordance with the provisions of this Act to the Provincial Bar Councils in respect of the recognition, derecognition and functioning of Bar Association]; to perform all other functions conferred on it by or under this Act; to do all other things necessary for discharging the aforesaid functions.

29

. Clauses (b) and (c) of sub-section (1) of Section 12, read as under, were omitted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) section 3, with effect from 2.3.1985: (b) (c) to admit persons as advocates entitled to practice before the Supreme Court and to prepare and maintain a roll of such advocates and to remove advocates from such roll; to entertain and determine cases of misconduct against advocates of the Supreme Court and to award punishment in such cases;

30

. Added by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) section 11 (a) (i), with effect from 15.7.1982. . Inserted, ibid, section 11 (a) (ii).

31

32

[(2) Any person aggrieved by an order or decision of a Provincial Bar Council, [the Supreme Court Bar Association or a Bar Association at the national level] may, within thirty days of such order or decision, prefer an appeal to the Pakistan Bar Council, whose decision in such appeal shall be final].33

[(3) The provisions of sections 5 and 12 of the Limitation Act, 1908 (IX 1908), shall apply to appeals under sub-section (2)]. 14. The first Pakistan Bar Council.- As soon as may be, after the constitution of the Provincial Bar Councils under this Act, the first Pakistan Bar Council shall be constituted in accordance with the provisions of section 11. Committees of the Pakistan Bar Council.-(1) The Pakistan Bar Council shall constitute the following committees, namely:(a) a disciplinary committee consisting of a Judge of the Supreme Court nominated by the Chief Justice of Pakistan, who shall be its Chairman, and four other members elected by the Council from amongst its members; Provided that the Attorney-General for Pakistan shall not be a member of the disciplinary committee; (b) an executive committee consisting of seven members elected by the Council from amongst its members; and (c) an enrolment committee consisting of a judge of the Supreme Court nominated by the Chief Justice of Pakistan, who shall be its Chairman, and two other members elected by the Council fro amongst its members. (2) The Pakistan Bar Council may constitute from amongst its members such other committees, including a legal education committee, as it may deem necessary for the32

15.

. The following new sub-sections (2) and (3) were added to Section 13 on 15.7.82 by the Legal Practitioners and Bar Councils (Amendment) Ordinance. 1982 (Ordinance XVII of 1982) section 11 (1):(2) Any person aggrieved by an order or decision of a Provincial Bar Council may, within thirty days of such order or decision, prefer an appeal to the Pakistan Bar Council, whose decision in such appeal shall be final. (3) The Pakistan Bar Council may at any time, of its own motion or otherwise call for the record of any proceeding which is pending before, or of any meeting which has been held by, a Provincial Bar Council or Bar Association, for the purpose of satisfying itself as to the correctness, legality or propriety of anything done therein, and may give such directions in relation thereto as the Pakistan Bar Council may think fit; and such directions shall be binding both on the Provincial Bar Council or Bar Association concerned and the person to whom it relates.

By the Legal Practitioners and Bar Councils (Amendment) Act. 1987, (Act VIII of 1987) section 4 (b), the words the Supreme Court Bar Association or a Bar Association at the national level were inserted between the words Provincial Bar Council and may in sub-section (2), with effect from 25-8-87. 33 . Substituted, ibid, section 4 , for sub-section (3) mentioned under foot note No. 40.

performance of its functions under this Act, and may authorize any such committee to co-opt as its members any other persons, not exceeding such number as the Council may determine. (3) The Chairman of every committee shall be entitled to vote and, in case of equality of votes among the members of the Committee, shall have a second vote. CHAPTER VGENERAL PROVISIONS RELATING TO BAR COUNCILS

16. Filling of casual vacancies.- If the seat of a member of a Bar Council becomes vacant during the term of office of the Council34

[(a)

In case of the Pakistan Bar Council, the vacancy shall be filled by the person who received in the last elections from the same province the highest numbers of singleThe Original clauses (a) and (b) of section 16, read as under:(a) (b) for filling a vacancy in the Pakistan Bar Council, the provisions of Section 11 shall apply mutatis mutandis; and for filling a vacancy in a Provincial Bar Council, the provisions of Section 5 shall apply mutatis mutandis.

34

.

These clauses were substituted by the following, through the Legal Practitioners and Bar Councils (Amendment) Act, 1975 (Act LII of 1975) section 2, with effect from 26.7.1975: (a) (b) for filling a vacancy in the Pakistan Bar Council, the provisions of Section 11 shall apply mutatis mutandis; and for filling a vacancy in a Provincial Bar Council, the provisions of Section 5 shall apply mutatis mutandis.

These clauses were substituted by the following, through the Legal Practitioners and Bar Councils (Amendment) Act, 1975 (Act LII of 1975) section 2, with effect from 26.7.1975: (a) (b) in the case of the Pakistan Bar Council, the vacancy shall be filled by a person elected in accordance with the Provisions of section 11; and in the case of a Provincial Bar Council, the vacancy shall be filled by the person who received, in the same election and from the same district or, as the case may be, group of districts, the highest number of votes next after the member the vacancy in whose seat is to be filled, or if there be no such person by a person eligible for election to that Council from the same district, as the case may be, group of districts, who is co-opted by the Provincial Bar Council.

The above clauses were again substituted, with effect from 15.7.82, by the following vide Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) section 12:(a) in the case of the Pakistan Bar Council, the vacancy shall be filled by a person who is co-opted by the Pakistan Bar Council from amongst persons belonging to the same province to which the vacancy relates who are qualified to be members of the Pakistan Bar Council; and in the case of a Provincial Bar Council, the vacancy shall be filled by a person who is co-opted by the Provincial Bar council from amongst persons belonging to the district or districts to which the vacancy relates who are qualified to be members of the Provincial Bar Council.

(b)

transferable votes next after the member, the vacancy in whose seat is to be filled or if there be no such persons then the vacancy shall be filled by a person elected in accordance with the provisions of Section 11. (b) in the case of a Provincial Bar Council, the vacancy shall be filled by the person who received, in the same election and from the same district or, as the case may be, group of districts, the highest number of votes next after the member the vacancy in whose seat is to be filled, or if there be no such person, by a person eligible for election to that Council from the same district or, as the case may be, group of districts, who is co-opted by the provincial Bar Council].

17. Funds of Bar Councils.- (1) All sums received by a Provincial Bar Council as enrolment fees or as grants, donations or subscriptions shall form part of the fund of that Council and that fund, subject to the provisions of sub-section (2), shall be managed, administered and utilized in such manner as may be prescribed.35

[(2) Every person applying for enrolment as an advocate or an advocate of the High Court shall pay one-third of the prescribed fee to the Pakistan Bar Council and the balance to the Provincial Bar Council concerned, in such manner as may be prescribed by the Pakistan Bar Council]. (3) All sums received by the Pakistan Bar Council under sub-section (2) or as enrolment fees, grants, donations or subscriptions shall form part of the fund of that Council and that fund shall be managed, administered and utilized in such manner as may be prescribed. 18. Accounts and Audit.-(1) every Bar Council shall cause to be maintained such books of accounts and other books in such form and in such manner as may be prescribed. (2) The accounts of a Bar Council shall be audited by an auditor who is a chartered accountant within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961), at such times and in such manner as may be prescribed. (3) As soon as the accounts of a Provincial Bar Council have been audited, that Bar Council shall send a copy of such accounts, together with a copy of the report of the auditor thereon, to the Pakistan Bar Council.It was substituted by the present text of clauses (a) and (b) of Section 16 through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) section 5, with effect from 25.8.87.35

.

Originally framed sub-section (2) of Section 17 reads; (2) Every Provincial Bar Council shall within thirty days of the close of a financial year pay to the Pakistan Bar Council a sum equal to [twenty] percent, of the total sum received by it during that financial year as enrolment fees and fees for permission to practice before the High Court.

By the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of 1978) section 9, the word twenty appearing in original sub-section (2) was substituted by the words thirty three and one third. The amended sub-section (2), as aforementioned, was substituted by the present text, vide the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) section 13, with effect from 15.7.1982.

19. Vacancies in Bar Councils, etc., not to invalidate action taken.No act done by a Bar Council or any Tribunal or committee thereof shall be called in question on the ground merely of the existence of any vacancy in, or any defect in the constitution of, such Council, Tribunal or committee. 20. Indemnity.- No suit or other legal proceedings shall lie against any Bar Council or any committee, Tribunal, member, officer or servant of the Bar council for any act in good faith done or intended to be done in pursuance of the provisions of this Act or the rules made thereunder.CHAPTER VI

ADVOCATES, THEIR ENROLMENT, RIGHT TO PRACTICE, SENIORITY, PRE-AUDIENCE, ETC. 21. Classes of advocates.- There shall be the following four classes of advocates, namely:(a) senior advocates of the Supreme Court; (b) advocates of the Supreme Court, including advocates on-record; (c) advocates of the High Court; and (d) other advocates. 22. Right of advocates to practice.- (1) Save as otherwise provided in this Act, no person shall be entitled to practice the profession of law unless he is an advocate.36

[(2) Subject to the provisions of this Act and the Rules made thereunder:The original sub-section (2) of Section 22 reads as under: Subject to the provisions of this Act, the rules made thereunder and any other law for the time an advocate of the Supreme Court or a High Court shall be entitled as of right to practice throughout Pakistan, and to appear, act and plead before any Court or tribunal in Pakistan; and any other advocate shall be entitled as of right to practice throughout the Province or Provinces for which the Bar Council, on whose roll his name is entered, has been constituted, and to appear, act and plead before any Court or tribunal in such Province or Provinces other than the High Court.

36

.

(2) being in force.(a) (b)

By the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985), section 4, for the original sub-section (2) of Section 22, as aforementioned, the following was substituted with effect from 2.3.1985:(2) (a) Subject to Article 207 of the Constitution and the provisions of this Act and the rules made thereunder, an advocate shall be entitled as of right to practice.in the case of an Advocate of the Supreme Court, in the Supreme Court, and in or before any High Court or other court, tribunal, person or authority who or which is legally authorised to take evidence; and

(a) an advocate of the Supreme Court shall be entitled as of right to practice throughout Pakistan and to appear, act and plead before any Court or Tribunal or any Judicial authority in Pakistan; (b) an advocate of a High Court shall be entitled as of right to practice throughout Pakistan and to appear, act and plead before any Court, Tribunal or any Judicial authority in Pakistan except the Supreme Court; and (c) any other advocate shall be entitled as of right to practice throughout the province where he is enrolled to appear, act and plead before any Court, Tribunal or any Judicial authority in such Province other than the High Court. (2A) Where rules have been made by any High Court regulating the conditions subject to which advocates of other High Courts may be permitted to practice in the High Court, such advocates shall not be entitled to practice therein otherwise than subject to such conditions]. (3) No advocate shall appear or act for any person in any Court or tribunal unless he has been appointed for the purpose by such person by a document in writing signed by such person or his recognised agent or some other person duly authorised by him to make such appointment, and such document has been filed in such Court or tribunal; Provided that nothing in this sub-section shall apply to(a) a public prosecutor or any advocate appointed by the State; or (b) an advocate when appearing on behalf of another advocate, if the advocate so appearing has filed a memo of appearance: Provided further that an advocate may be allowed to appear for an accused in custody on his undertaking to file the document required under this sub-section.

(b)

in the case of any other Advocate.(i) in the High Court of which he is an Advocate; (ii) save as otherwise provided by sub-section (2-A) or by or under any other law for the time being in force, in any other court in Pakistan, including a High Court, and before any other tribunal or person legally authorised to take evidence; and (iii) before any other authority or person before whom such Advocate is by or under the law for the time being in force entitled to practice.

(2A)

Where rules have been made by any High Court regulating the conditions subject to which Advocates of other High Court may be permitted to practice in the high Court, such Advocates shall not be entitled to practice therein otherwise than subject to such conditions.

The amended sub-section (2), as aforementioned, was substituted by the present text through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act, VIII of 1987) section 6, with effect from 25.8.1987.

[23. Roll of advocates of the Supreme Court: The Pakistan Bar Council shall prepare and maintain a Roll of advocates of the Supreme Court in which shall be entered the names of all persons who are senior advocates or advocates including advocates-on-record, entitled to practice in the Supreme Court. (a) all persons who were, as advocates, senior advocates or advocates on record, entitled to practice in the Supreme Court immediately before the commencement of the Bar Councils and Legal Practitioners (Amendment) Act, 1987; and (b) all persons who are admitted as advocates of the Supreme Court under the provisions of this Act: Provided that no person shall call himself or hold himself out as an Advocate of the Supreme Court until he has signed the roll of advocates kept under the Rules of the Supreme Court, and the right of a person to appear, act and plead before that Court shall be subject to the said Rules]. 24.38

37

Admission and enrolment of Advocates of the High Court.-

Each Provincial Bar Council shall prepare and maintain39[for the Province and each District in the Province two separate rolls] of advocates of the High Court in which shall be entered the names of (a) all persons who were, as advocates, entitled to practice in the High Court immediately before the commencement of this Act; and

37

.

The original Section 23 reads as under.-

23. Admission and enrolment of Advocates of the Supreme Court.- The Pakistan Bar Council shall prepare and maintain a roll of advocates of the Supreme Court in which shall be entered the names of.(a) all persons who were as advocates, senior advocates or advocates on record, entitled to practice in the Supreme Court immediately before the commencement of this Act; and (b) all persons who are admitted as advocates of the Supreme Court under the provisions of this Act. By the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1984 (Ordinance XXI of 1984), section 2, the following proviso was added to Section 23, with effect from 23.5.1984: Provided that no person shall call himself, or hold himself out as an Advocate of the Supreme Court until he has signed the roll of Advocates kept under the Rules of the Supreme Court, and the right of a person to appear, act and plead before that Court shall be subject to the said Rules. By the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) section 5, the aforesaid Section 23, as amended, was omitted with effect from 2.3.1985. The present text of Section 23 was inserted, with effect from 25.8.87, by the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) section 7.38

. Section 24 was re-numbered as sub-section (1) of that Section on 12.10.1978 vide the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978, (Ordinance XL of 1978) section 10. . Substituted, ibid, section 10 (a), for the words a roll

39

(b)

all persons who are admitted as advocates of the High Court under the provisions of this Act.40

[(2)Omitted]

25. Admission and enrolment of other advocates.- 41 [(1) Each Provincial Bar Council shall, besides the 42[rolls] of advocates to be prepared and maintained by it under section 24, prepare and maintain 43[for the Province and each Division in the Province two separate rolls] of advocates in which shall be entered the names of(a) (b)44

all persons who were, as advocates, entitled to practice in any Court subordinate to the High Court immediately before the commencement of this Act; and all persons who are admitted as advocates under the provisions of this Act.

[(2).Omitted]

26. Persons qualified for admission as advocates.- Subject to the provisions of this Act and the rules made thereunder, a person shall be qualified to be admitted as an advocate if he fulfils the following conditions, namely:(a) he is a citizen of Pakistan or a person deriving his nationality from the State of Jammu and Kashmir: Provided that, subject to the other provisions of this Act, a national of any other country45[who has resided in Pakistan for a period of not less than one year40

. The following sub-section (2) was added, ibid, section 10(b), but the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance XXVII of 1981) section 3 and Sch. 11, the same was omitted with effect from 8.7.1981: (2) Notwithstanding anything contained in sub-section (1) all advocates who, immediately before the coming into force of the legal Practitioners and Bar Councils (Amendment) Ordinance, 1978, were entered on the roll of the Sindh and Baluchistan Bar Council and were practising generally at any place within the Province of Baluchistan shall have the option to get their names transferred to the roll of the Provincial Bar Council for the Province of Baluchistan by the fifteenth day of November, 1978.

41

Section 25 was re-numbered as sub-section (1) of that Section vide the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978 (Ordinance XL of 1978) section 11. . Substituted, ibid, section 11 (a), for the word roll. Substituted, ibid, section 11 (b), for the words a roll.

42 43 44

. The following sub-section (2) was added, ibid, section 11 (c), but through the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance XXVII of 1981), section 3 and Sch.11, the same was omitted with effect from 8.7.1981: (2) Notwithstanding anything contained in sub-section (1) all advocates who, being entitled, immediately before the coming into force of the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1978, to practice in any court subordinate to the High Courts of Sindh and Baluchistan were entered on the roll of the Sindh and Baluchistan shall have the option to get their names transferred to the roll of the Provincial Bar Council for the Province of Baluchistan by the fifteenth day of November, 1978.

immediately preceding the day on which he applies for admission] may be admitted as an advocate if citizens of Pakistan duly qualified are permitted to practice law in that other country: (b) (c) he has completed the age of twenty-one years; he is a Barrister or is or was enrolled as an advocate of a High Court in any area which before the fourteenth day of August 1947, was comprised within India as defined by the Government of India Act, 1935(26 Geo. 5, c 2), or has obtained: (i) (ii) before the 7th day of February 1966, a degree in law from any university in Pakistan; or before the fourteenth day of August, 1947, a degree in law from any university in any area which was comprised before that date within India as defined by the Government of India Act, 1935 (26 Geo 5, c 2 ); or a degree in law from a university in Pakistan or abroad recognized by the Pakistan Bar Council.;

(iii) (d)

he has undergone such course of training and passed such examination after the training as may be prescribed by the Pakistan Bar Council; Provided that this clause shall not apply to any class of persons who, by reason of their legal training or experience, are declared by the Pakistan Bar Council to be exempt from the provisions of this clause; and

(e) (2)

he has paid such enrolment fee and fulfils such other conditions as may be prescribed by the Pakistan Bar Council. Omitted.

(3) Omitted. 27. Persons qualified for admission as advocates of a High Court.- Subject to the provisions of this Act and the rules made thereunder, a person shall be qualified to be admitted as an advocate of a High Court if he fulfils the following conditions, namely:(a) (b) (c) he has practiced as an advocate, vakil or pleader before subordinate Courts in Pakistan for a period of not less than two years; or he has practiced outside Pakistan as an advocate before any High Court specified in this behalf by the Pakistan Bar Council; or he has, for reason of his legal training or experience, been exempted by the Provincial Bar Council, with the pervious approval of the High Court, from the requirements of clause (a) and clause (b); and

45

. The words who has resided in Pakistan for a period of not less than one year immediately preceding the day on which he applies for admission were inserted by the Legal Practitioners and Bar Councils (Amendment) Act, 1976, (Act XVI of 1976) section 2, with effect from 19.4.1976.

(d)46

he has paid such enrolment fee and fulfils such other conditions as may be prescribed by the Pakistan Bar Council.

[28. Persons qualified for admission as advocates of the Supreme Court.- Subject to the provisions of this Act and the Rules made thereunder, a person shall be qualified to be admitted as a senior advocate and an advocate of the Supreme Court including an advocate-onrecord if he fulfils such conditions as may be laid down in this behalf from time to time by the Rules of Pakistan Bar Council and has paid such enrolment fee or other dues as may be prescribed by that Council. 28A. Persons disqualified to be enrolled as advocate.- A person shall be disqualified from being admitted as an advocate of any court if:(i) (ii) he was dismissed or removed from service of Government or of a public statutory corporation on a charge involving misconduct or moral turpitude; or he has been convicted for an offence of moral turpitude by a court; or

(iii) he has been declared a tout and such declaration has not been withdrawn.. 29. Eligibility of women for admission.- No admission as an advocate for reason only of her sex. women shall be disqualified for

30. Authority to whom applications for enrolment may be made.- An application for admission as an advocate, other than an advocate of the Supreme Court, shall be made in the prescribed form to the Provincial Bar Council within whose jurisdiction the applicant proposes to practice generally 47[; and an application for admission as an advocate of the Supreme Court shall be made in the prescribed form to the Pakistan Bar Council.] 31. Disposal of applications for admission as an advocate.- (1) All applications for admission as an advocate received by a Bar Council shall be referred to its enrolment committee. (2) The enrolment committee may either grant the application or return it to the Bar Council recording its reasons for not granting the application. (3) Where any application is returned to a Bar Council under sub-section (2), the Bar Council may, after considering the reasons recorded by the enrolment committee, either grant or reject the application.

46

. Section 28 was omitted on 2.3.85 by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) section 7, which was again inserted on 25.8.87 through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) section 9. . The semicolon and words ; and an application for admission as an Advocate of the Supreme Court shall be made in the prescribed form to the Pakistan Bar Council were omitted on 2.3.1985 by the Legal Practitioners and Bar Councils (Amendment ) Ordinance 1985 (Ordinance XVI of 1985) section 8, which were again added on 25.8.1987 through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) section 10.

47

32. Appeal against order of rejection.Where any application for admission as an advocate is rejected by a Provincial Bar Council, the applicant may, within such period and in such manner as may be prescribed, appeal to the enrolment committee of the Pakistan Bar Council, and the decision of that committee on such appeal shall be final. 33. No applicant rejected by one Provincial Bar Council to be enrolled by another such Council.Where a Provincial Bar Council has rejected the application of any person for admission as an advocate.(a) it shall circulate to all the other Provincial Bar Councils the name of such person together with the reasons for the rejection of his application; (b) no other Provincial Bar Council shall entertain an application for admission of such person as an advocate except with the previous consent in writing of the Provincial Bar Council which rejected the application. 34. Payment of fees.- (1) The Pakistan Bar Council may prescribe the following fees, namely:(a) fee for enrolment as an advocate or an Advocate of the High Court, which shall be fixed after consultation with the High Court, to be paid to the Provincial Bar Council 48 [and the Pakistan Bar Council in accordance with sub-section (2) of Section 17].49

(b) fee for enrolment as an advocate of the Supreme Court which shall be fixed after consultation with the Supreme Court, to be paid to the Pakistan Bar Council; and]

(c) annual fee payable by advocates to the Bar Council on whose roll their names are entered; Provided that no person whose name is entered on the roll under clause (a) of section 25, clause (a) of section 24 50[or clause (a) of section 23] as an advocate, an advocate of the High Court [or an advocate of the Supreme Court] shall be required to pay the fee for enrolment as such advocate.

48

. The words brackets and figures and the Pakistan Bar Council in accordance with sub-section (2) of Section 17 were inserted with effect from 15.7.82 by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1982 (Ordinance XVII of 1982) section 14. . Clause (b) of Section 34 was omitted, with effect from 2.3.85, by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) section 9 (a) (c). The same was again inserted on 25.8.1987 through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) section 11 (a) (i). . The words, brackets, letter and figure or clause (a) of Section 23 and the words or an Advocate of the Supreme Court in proviso to sub-section (1) of Section 34 were omitted, with effect from 2.3.1985, by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) section 9 (a)(ii). The same were again inserted on 25.8.1987, through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987), section 11 (a) (ii).

49

50

(2) The fee referred to in clause (a) 51[or clause (b)] of sub-section (1) may be paid in such installments, if any, as may be prescribed. (3) The annual fee referred to in clause (c) of sub-section (1) shall be paid by such date as may be prescribed. (4) If an advocate fails to pay an installment of fee or the annual fee payable by him by the prescribed date he shall be liable to pay such further fee for late payment as may be prescribed. Provided that, if he fails to pay such installment of fee within a period of six months following the date on which it becomes due, he shall by notice be asked to show cause why his name be not struck off the roll of advocates and if the explanation is unsatisfactory his name shall be struck off the roll of advocates and shall be not restored except upon payment of the installment or fee due and such penalty not exceeding the amount of such installment or fee as may be prescribed, unless the enrolment committee, having regard to the circumstances of the case, exempts any person from the payment of such penalty. 35. Order in which names shall be entered in the roll.- (1) Entries in the roll shall be made in the order of seniority and such seniority shall determined as follows, namely:(a) all such person are referred to in 52[clause (a) of section 23,] clause (a) of section 24 or clause (a) section 25 shall be entered first in the order in which they were respectively entitled to seniority inter se immediately before the commencement of this Act; and (b) the seniority of any other person admitted, after that date, to be an advocate or an advocate of the High Court 61[or an advocate of the supreme Court] shall be determined by the date of his admission: Provided that, for the purposes of clause (b), the seniority of a person who, before his admission as an advocate, was entitled as of right to practice in any other High Court shall be determined by the date on which he became so entitled. (2) Where the date of seniority of two or more persons is the same, the one senior in age shall rank as senior to the other. 36. Certificate of enrolment.- A Bar Council shall issue a certificate of enrolment in the prescribed form to every person enrolled under Section 31.

51

. The words brackets and letter or clause (b) in sub-section (2) of Section 34, were omitted on 2.3.85 by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) section 9(b). The same were again inserted on 25.8.87 vide the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) section 11 (b). 52 . The words, brackets, figure and comma clause (a) of section 23, and the words or an Advocate of the Supreme Court in clauses (a) and (b) of sub-section (1) of Section 35, respectively, were omitted by the Legal Practitioners and Bar Councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) section 10, on 2.3.1985. The same words, brackets, figure and comma were again inserted in both the clauses, as were before the omission, on 25.8.87 through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) section 23.

37. Copy of roll to be kept with 53[Supreme Court and] High Court.-62 [(1) The Pakistan Bar council shall send to the Supreme Court an authenticated copy of the roll as prepared under Section 23 and shall thereafter communicate to the Supreme Court all alterations in, and additions to, the roll as soon as the same have been made]. (2) The Provincial Bar Council shall send to the High Court a copy of the rolls as prepared under Section 24 and Section 25 and shall thereafter communicate to the High Court all alterations in, and additions to, any such roll as soon as the same have been made. 38. Copies of rolls to be sent to Pakistan Bar Council.- Each Provincial Bar Council shall send to the Pakistan Bar Council an authenticated copy of the roll of advocates of the High Court and the roll of the other advocates prepared by it for the first time under this Act and shall thereafter communicate to the Pakistan Bar Council all alterations in, and additions to, any such roll as soon as the same have been made. 39. Common roll of Advocates.- (1) The Pakistan Bar Council shall prepare and maintain a common roll of advocates of the High Court and a common roll of the other advocates which shall comprise the entries made in all the Provincial rolls of the advocates of the High Court or as the case may be, of the other advocates. (2) Entries in the common roll shall be in the order of seniority, which shall be determined in accordance with the principles laid down in section 35. 39A. Cessation to practice as an Advocate.- Any advocate who incurs any of the disqualifications enumerated in section 28A shall cease to be an advocate and his name shall be removed from the concerned Roll of the advocates. 39B. Powers of disciplinary Committee.- If any person referred to in section 39A above practices in contravention of this Act or the Rules made thereunder in any manner; (a) in case of a senior advocate of the Supreme Court or advocate of the Supreme Court of Pakistan including an Advocate-on-Record, the disciplinary committee of the Pakistan Bar Council; and in case of any other advocate, the disciplinary committee of a Provincial Bar Council, may on its own motion or otherwise take cognizance thereof and proceed against him, under this Chapter for such disciplinary action as is provided by law, in addition to criminal prosecution of such person under section 58. 39C. Provisions of section 39A and 39B to apply.- The provisions of section 39A and 39B shall apply mutatis mutandis to an advocate who contravenes any provision of this Act or the Rules made thereunder..

(b)

53

. The word Supreme Court and in the marginal heading of Section 37, and sub-section (1) of the said Section were omitted on 2.3.85 by the Legal Practitioners and Bar councils (Amendment) Ordinance, 1985 (Ordinance XVI of 1985) section 11. The same, as appears from the present text, were again inserted on 25.8.87 through the Legal Practitioners and Bar Councils (Amendment) Act, 1987 (Act VIII of 1987) section 13.

40. Right of pre-audience.- (1) The Attorney General for Pakistan shall have the right of pre-audience over all other advocates. (2) Subject to sub-section (1), the Advocate General of a Province shall have the right of pre-audience over all other advocates; and the right of pre-audience among the AdvocatesGeneral shall be determined by the date of appointment to their respective offices. (3) The right of pre-audience among other advocates shall be determined by their seniority inter se.54

[CHAPTER VII

54

.

The original Chapter VII relating to Conduct of Advocates reads as follow:CHAPTER VII-CONDUCT OF ADVOCATES

41. Punishment of Advocates for misconduct-(1) An advocate may, in the manner hereinafter provided, be reprimanded, suspended or removed from practice if he is found guilty of professional or other misconduct. (2) A complaint that an advocate has been guilty of misconduct may be made by any Court or person(a) (b) in the case of an advocate of the Supreme Court in relation to the proceedings of that Court, to the Pakistan Bar Council, and in any other case, to the Provincial Bar council.

(3) Every complaint against an advocate made under sub-section (2), except where the complaint has been made by a Court, shall be accompanied by a fee of ten rupees. (4) Upon receipt of a complaint made to it under sub-section (2) against any advocate, the Bar council shall, unless it summarily rejects the complaint, refer the case:(a) if the complaint in respect of failure to render professional service for paid, or to return papers, or to repay balance of money received, for conciliation to a Conciliation Committee appointed by it and consisting of two persons selected out of a panel of senior advocates practising in the district in which such advocate practices generally (hereinafter referred to as the Conciliation Committee), and if the complaint discloses actions involving moral turpitude or defeat or justice or serious breaches of professional conduct, for inquiry to an Inquiry Committee appointed by it and consisting of two persons selected as aforesaid (hereinafter referred to as the Inquiry Committee);

(b)

Provided that the Bar Council shall not summarily reject a complaint made by the Supreme Court or a High Court. (5) If a Bar council has reason to believe that an advocate has been guilty of misconduct, it may, fits own motion, refer the case to an inquiry Committee. (6) An inquiry into, and conciliation proceedings in relation to, a complaint against an advocate, shall be held at the headquarters of the Bar Council or of the district in which he practices generally. (7) A Conciliation Committee shall proceed to conciliate in the matter referred to it for conciliation and.(a) if a settlement is arrived at in the course of the proceedings before it, shall send a report thereof to the Bar Council concerned together with a memorandum of settlement signed by the parties to the proceedings; and

(b)

if no settlement is arrived at as aforesaid shall inform the Bar Council concerned of such failure.

(8) An inquiry Committee shall, after making such inquiry and giving the praties opportunity of being head as it may consider necessary, make a report for a final hearing and decision to a Tribunal specified by the Bar council in this behalf. (9) An Inquiry Committee may where it considers it necessary so to do, require the person making a complaint, except where the complaint has been made by a Court, to deposit with the Committee as security for costs, such sum as if may specify. 42. Tribunals of Bar Councils.- (1) The Pakistan Bar Council may constitute one or more Tribunals each consisting of two of its members elected by it for the purpose and a judge of the Supreme Court nominated by the Chief Justice of Pakistan, who shall be the Chairman. (2) A Provincial Bar Council may constitute one or more Tribunals each consisting of two of its members elected by it for the purpose and a Judge of the High court nominated by the Chief Justice of that Court, who shall be the Chairman. 43. Procedure in inquiries.- (1) In inquiries relating to conduct of advocates, the Tribunal shall, except as hereinafter provided, follow such procedure as may be prescribed. (2) The Tribunal shall fix a date for the hearing of the case and shall cause notice of the day so fixed to be given to the complainant, to the advocate concerned and to the Advocate General of the Province and shall afford to the complainant, the advocate concerned and the Advocate-General an opportunity of leading evidence, if any, and of being heard before orders are passed in the case. (3) The Chairman of the Tribunal may empower one of the members of the Tribunal to consider and decide preliminary issues and to record evidence. (4) The Tribunal may, where it considers it necessary so to do, require the person making a complaint, except where the complaint has been made by a Court, to deposit with the Tribunal, as security for costs, such sum as it may specify. (5) On completion of the inquiry, the Tribunal may either dismiss the complaint or, where reference to the inquiry Committee on whose report the matter has come before the Tribunal was made at the motion of a Bar Council, direct that the proceedings be filed; or it may make an order imposing any of the penalties referred to in sub-section (1) of Section 41. (6) Where the Tribunal makes an order for the suspension of an advocate from practice, it shall specify the period of suspension, and for that period the advocate shall be debarred from practising in any Court or before any authority or person in Pakistan. (7) The Tribunal may, of its own motion or on application made to it in this behalf, review any order passed under sub-section (5) and maintain, vary or rescind the same, as it thinks fit. (8) When any advocate is reprimanded or suspended from practice under this Act, a record of the punishment shall be entered against his name in the Provincial roll or, as the case may be, the roll of advocates of the Supreme Court maintained by the Pakistan Bar Council, and the common roll, and when advocate is removed from practice his name shall forthwith be struck off the roll; and the certificate of any advocate so suspended or removed shall be recalled. 44. Order as to costs.- (1) An Inquiry Committee and a Tribunal may make such order as to costs of proceedings before it as it may deem fit; and where the Committee or, as the case may be, the Tribunal is of the opinion that the complaint made against an advocate is false and vexatious, it may, without prejudice to any other remedy available to the advocate, impose upon the complainant compensatory costs not exceeding a sum of five hundred rupees: Provided that no order under this sub-section shall be made against a Court or the presiding officer of a Court.

(2) The Tribunal may, on an application made to it in this behalf within the prescribed period, revise any order passed by the Inquiry Committee under sub-section (1) or, of its own motion or on application so made, review any order passed by the Tribunal under that sub-section and may, in either case, maintain, vary or rescind the same, as it thinks fit. (3) Subject to sub-section (2), every order of the Inquiry Committee or the Tribunal under sub-section (1) shall be executable (a) If the Committee is appointed, or the Tribunal is constituted, by the Pakistan Bar Council, as if it were an order of the Supreme Court; and (b) If the Committee is appointed or the Tribunal is constituted, by a Provincial Bar Council, as if it were an order of the High Court. 45. Powers of the Tribunal and Inquiry Committee in Inquiries.- (1) For the purposes of any such inquiry as aforesaid, an Inquiry Committee and a Tribunal shall have the same powers as are vested in a Court under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters namely(a) (b) (c) enforcing the attendance of any person. Compelling the production of documents, and Issuing commissions for the examination of witnesses:

Provided that the Inquiry Committee or the Tribunal shall not have powers to require the attendance of the presiding officer of any civil or criminal Court save with the previous sanction of the High Court or, in the case of the presiding officer of a Revenue Court, of the Provincial Government. (2) Every such inquiry shall be deemed to be a judicial proceeding within the meaning of Section 193 and 228 of the Pakistan Penal Code (Act XLV of 1860); and an Inquiry Committee and a Tribunal shall be deemed to be a Civil Court for the purposes of Sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act V of 1898). (3) For the purpose of enforcing the attendance of any person or of compelling the production of documents or issuing commissions(a) the local limits of the jurisdiction of an Inquiry Committee and a Tribunal shall be those of the jurisdiction of the Bar Council by which the Committee has been appointed or, as the case may be, the Tribunal has been constituted; and an Inquiry Committee and a Tribunal may send to any Civil Court having jurisdiction in the place where the Committee or, as the case may be, the Tribunal is sitting, any summons or other process for the attendance of a witness or the production of a document required by the Committee or Tribunal, or any commission which it desires to issue, and the civil Court shall serve such process or issue such commission, as the case may be and may enforce any such process as if it were process for attendance or production before itself.

(b)

(4) Proceedings before an Inquiry Committee or a Tribunal in any such inquiry shall be deemed to be civil proceedings for the purposes of Section 132 of the Evidence Act, 1872 (I of 1872), and the provisions of that Section shall apply accordingly. 46. Disciplinary power of the Pakistan Council.(1) Notwithstanding anything contained in this Chapter, the disciplinary committee of the Pakistan Bar Council may, of its own motion, withdraw for inquiry before itself any proceedings for disciplinary action against any advocate pending before a Provincial Bar Council or any Conciliation Committee or inquiry committee appointed by it, and dispose of the same.

(2) In disposing of any case under this Section, the disciplinary committee of the Pakistan Bar council shall observe, so far as may be, the procedure laid down in Section 43, the reference to the Advocate-General in that Section being construed as reference to the Attorney General for Pakistan. (3) In disposing of any case under this Section, the disciplinary committee of the Pakistan Bar council may make any order, which the Tribunal can make under Section 43, and the Tribunal shall give effect to any such order. 47. Appeal to the Pakistan Bar Council- (1) Any person aggrieved by an order of a Tribunal under Section 43 may, within sixty days from the date on which the order is communicated to him, prefer an appeal to the Pakistan Bar Council. (2) Every such appeal shall be heard by the disciplinary committee of the Pakistan Bar Council which may pass such order thereon as it may deem fit. 48. Appeal to the Supreme Court.- Any person aggrieved by an order mad by the disciplinary committee of the Pakistan Bar Council under sub-section (3) of Section 46 may, within sixty days from the date on which the order is communicated to him, prefer an appeal to the Supreme Court which may pass such order thereon as it may deem fit. 49. Application of Sections 5 and 12 of the Limitation Act, 1908.- The provisions of Section 5 and 12 of the Limitation Act, 1908 (Act IX of 1908), shall so far as may be, apply to appeals made under Section 47 or Section 48. 50. Stay of order.- Any appeal made under Section 47 or Section 48 shall not operate as a stay of the order appealed against but the disciplinary committee of the Pakistan Bar Council or the Supreme Court, as the case may be, may, for sufficient cause, direct the stay of such order on such terms and conditions as it may deem fit. 51. Powers of the disciplinary committee.- The disciplinary committee of the Pakistan Bar Council shall have the same powers as are vested in a Tribunal by Section 45 and that Section shall apply to the disciplinary committee, the reference to the Tribunal in that Section being construed as a reference to the disciplinary committee of the Pakistan Bar Council. 52. Cost of proceedings before a disciplinary committee.- The disciplinary committee of the Pakistan Bar Council may make such order as to the costs of proceedings before it as it may deem fit and any such order shall be executable as if it were an order of the Supreme Court. 53. Review of order by a disciplinary committee.- The disciplinary committee of the Pakistan Bar Council may of its own motion or otherwise review any order passed by it under this Chapter. 54. Powers of Supreme Court and High Court to suspend advocates from practice.- (1) The Supreme Court or a High Court may, while making a complaint under sub-section (2) of Section 41 against an advocate, make an order for the suspension of the advocate from practice if, after hearing such advocate, the Court is of the opinion that he has committed an act of grave indiscipline in the view of the Court or grave professional misconduct in relation to any proceeding before it, and his immediate suspension is expedient or necessary in the interest of administration of justice. (2) (a) On a complaint made to it against an advocate by a Court subordinate to it, the High Court May-. make an order under sub-section (1) in respect of such advocate if, after hearing him, it is of the opinion that he has committed grave professional or other misconduct in relation to any proceeding before such subordinate Court, and his immediate suspension, pending the proceedings before the Bar Council, is expedient or necessary in the public interest and forward the complaint to the Provincial Bar Council for action in accordance with Section 41; or without making any order under sub-section (1), forward the complaint to the Provincial Bar Council for action in accordance with Section 41; or

(b)

(c)

direct that no further action need be taken in respect of the complaint.

(3) An order under sub-section (1) or sub-section (2) for the suspension of an advocate from practice shall remain in force until the complaint against the advocate is disposed of by the Tribunal under Section 43, unless on review the Court making the order, for reasons to be recorded, vacates it earlier. Sub-sections (4),(5),(6),(7),(8) and (9) of the aforesaid original Section 41 were substitute by the following through the Legal Practitioners and Bar Councils (amendment) Ordinance, 1982 (Ordinance XVII of 1982: (4) upon receipt of a complaint under sub-section (2) against any advocate, the disciplinary committee of the Bar Council may, unless it summarily rejects the complaint, after making such enquiry and giving the praties such opportunity of being heard as if may consider necessary, either reject the complaint or refer the case to a Tribunal for decision:

Any person whose complaint rejected by the disciplinary committee under sub-section (4) may, within thirty days of the day on which the order of the Committee is communicated to him, prefer an appeal to the Tribunal, whose decision in such appeal shall be final. In the aforesaid Sub-section (5) of original Section 43 the words the complaint referred to were substituted for the words reference to the Inquiry Committee on whose report the matter has come before, ibid, section 17. The words An Inquiry Committee. an inquiry committee and inquiry committee appeared in the aforesaid sub-sections (1), (2) and (3) of original Section 44 were substituted by the words A disciplinary committee, a disciplinary committee and disciplinary committee, respectively, ibid, section 17. In the aforesaid sub-section (1) its proviso and sub-sections (2), (3) and (4) of original Section 45, the words an inquiry Committee were substituted by the words a disciplinary committee, ibid, section 18. In the above-said sub-section (1) of original Section 46 the words any conciliation committee or Inquiry Committee appointed by it were substituted by the words the disciplinary committee thereof, ibid, section 19. ----The afore-said sub-section (3) of original Section 54 was omitted, ibid,

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